Who Qualifies as a Custodian
Not just anyone can hold onto an electronic will. The law requires independence and security from the custodian. This protects the document's integrity.
A qualified custodian of an electronic will: 1. May not be related to the testator by blood, marriage or adoption. 2. May not be a devisee under the electronic will or related by blood, marriage or adoption to a devisee under the electronic will.
A.R.S. § 14-2520(1)-(2)The custodian must have no personal stake in the will's contents. This prevents conflicts of interest. Family members, spouses, and anyone who stands to inherit are all disqualified.
Storage and Documentation Requirements
Beyond independence, the custodian must maintain a secure electronic system. This system must protect records from destruction, alteration, or unauthorized access. It must also detect any changes to the electronic record.
Shall consistently employ and store electronic records of electronic wills in a system that protects electronic records from destruction, alteration or unauthorized access and detects any change to an electronic record.
A.R.S. § 14-2520(3)The custodian must also store supporting documents alongside the will. These include a photo of the testator and witnesses taken at signing. They also include copies of IDs used to verify identities.
An audio and video recording is also required. It must capture each person placing their electronic signature on the will.
These requirements create a strong chain of evidence. If the will is ever challenged, the court has access to visual identification, signing recordings, and tamper-detection logs.